West Virginia Bureau for Children and Families
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No. A determination of incapacity is based on the adult’s ability to carry on the daily activities of life necessary to sustaining life and reasonable health. This determination is made keeping in mind the physical, mental, or other impairment the adult may be experiencing. This assessment is generally made by a medical, social service, mental health, etc. professional. Incompetence is a legal determination made by a court that states that an adult is not able to make independent decisions on their own behalf.